Patna High CourtCR. MISC./53938/2019bail granted

Prakash Kumar Thakur v. The State Of Bihar

2019-10-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53938 of 2019 Arising Out of PS. Case No.-251 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== PRAKASH KUMAR THAKUR, aged 21 years, Gender, male, S/o Suresh Thakur, Resident of Village- Newalal Chowk, P.S.- K. Hat (Maranga), District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 143.13 litres foreign liquor from a vehicle which was being driven by two persons including the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 09.07.2019.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.53938 of 2019(3) dt.01-10-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Excise Case No.525/2019 arising out of K. Nagar P.S. Case No.251/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T